Hate Crime Charges in Chicago Attack

Three men accused of shouting antigay slurs during an attack on another passenger on the Chicago elevated train system's Red Line last month face felony hate-crime and aggravated battery charges.

According to the Chicago Tribune, prosecutors upgraded the charges against Kevin McAndrew, Benjamin Eder, and Sean Little of Evanston after learning the circumstances of the attack on Daniel Hauff, who admitted telling his attackers he had HIV in an attempt to stop the beating.

"Assistant State's Attorney Erin Antonietti told [Cook County circuit judge Ramon] Ocasio that Hauff intervened in the early morning hours of Jan. 10 when he saw the three harass another rider and utter anti-gay slurs," reports the Tribune. "The three then turned on Hauff, pushing and punching him while shouting anti-gay slurs at him, she said.

"Little and Eder allegedly punched Hauff in the face. As the fight spilled out onto the Argyle Street station, Antonietti said, they had Hauff's blood on their hands and asked, ''Cause you're gay, do I have HIV now?'

"Hauff said he did wipe blood on the three men and tell them he was HIV-positive -- all in a bid to end the beating. 'I'm not [HIV-positive], so I didn't put them in any danger, but that's when they backed off,' he said."